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1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 85,931,727 and KRW 84,603,29 among them, respectively.
Reasons
1. Basic facts
A. On November 11, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”), with respect to the principal and interest obligation of agricultural food and food enterprise loans granted by Defendant A Co., Ltd. (hereinafter referred to as “CF”) on the same day, with the guaranteed amount of KRW 93.5 million, and with the term of guarantee until November 12, 2012 (the extension by November 12, 2014 thereafter).
(hereinafter “instant credit guarantee agreement”). (b)
In the event that the Plaintiff fulfilled the credit guarantee obligation to Nonghyup Bank, Defendant A paid to the Plaintiff the amount of the said performance, delay damages in accordance with the rate set by the Plaintiff, penalty in accordance with the rate set by the Plaintiff from the day following the expiration date of the guarantee to the day before the date of subrogation, or the execution or preservation of the claim for indemnity. The rate of damages determined by the Plaintiff is 12% per annum from December 2012.
C. Meanwhile, between Defendant B and the Plaintiff on the same day, Defendant A entered into a joint and several surety agreement with respect to the indemnity obligation to be borne by the Plaintiff according to the instant credit guarantee agreement.
On December 4, 2014, Defendant A delayed payment of the principal of the loan to Nonghyup Bank and caused a credit guarantee accident. On March 13, 2015, the Plaintiff subrogated to the Nonghyup Bank for KRW 84,603,29.
E. As to the amount of which Defendant A failed to perform the principal obligation, penalty according to the rate set by the Plaintiff from the day following the expiration date of the guarantee to the day preceding the date of subrogation is KRW 619,780, and the legal procedure cost incurred by the Plaintiff in relation to the instant credit guarantee agreement is KRW 708,648.
F. On October 1, 2014, Defendant A entered into a mortgage agreement with Defendant C with respect to the instant real estate, which is one of his/her sole property, in excess of his/her obligation (hereinafter “instant mortgage agreement”), and on the same day, Seoul Southern District Court.